| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the regulation of subdivisions in counties, including |
|
|
certain border and economically distressed counties. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 232.0031, Local Government Code, is |
|
|
amended to read as follows: |
|
|
Sec. 232.0031. CHAPTER-WIDE PROVISION RELATING TO STANDARD |
|
|
FOR ROADS IN SUBDIVISION. A county may not impose under this |
|
|
chapter [Section 232.003] a higher standard for streets or roads in |
|
|
a subdivision than the county imposes on itself for the |
|
|
construction of streets or roads: |
|
|
(1) with a similar type and amount of traffic; and |
|
|
(2) that were established or laid out on or after |
|
|
September 1, 1989. |
|
|
SECTION 2. Section 232.022(d), Local Government Code, is |
|
|
amended to read as follows: |
|
|
(d) This subchapter does not apply if all [each] of the lots |
|
|
of the subdivision are more than [is] 10 [or more] acres. |
|
|
SECTION 3. Section 232.023, Local Government Code, is |
|
|
amended by amending Subsection (a) and adding Subsection (a-1) to |
|
|
read as follows: |
|
|
(a) A subdivider of land must have a plat of the subdivision |
|
|
prepared if at least one of the lots of the subdivision is five |
|
|
acres or less. A commissioners court by order may require each |
|
|
subdivider of land to prepare a plat if at least one of the lots of a |
|
|
subdivision is more than five acres but not more than 10 acres. |
|
|
(a-1) A subdivision of a tract under this section |
|
|
[subsection] includes a subdivision of real property by any method |
|
|
of conveyance, including a contract for deed, oral contract, |
|
|
contract of sale, or other type of executory contract, regardless |
|
|
of whether the subdivision is made by using a metes and bounds |
|
|
description. |
|
|
SECTION 4. Subchapter B, Chapter 232, Local Government |
|
|
Code, is amended by adding Section 232.0375 to read as follows: |
|
|
Sec. 232.0375. NOTICE AND OPPORTUNITY TO CURE REQUIRED |
|
|
BEFORE FILING ENFORCEMENT ACTION. (a) Before an enforcement action |
|
|
may be filed against a subdivider under this subchapter, the |
|
|
subdivider must be notified in writing about the general nature of |
|
|
the alleged violation and given 90 days from the notification date |
|
|
to cure the violation. After the 90th day after the date of the |
|
|
notification, the enforcement action may proceed. |
|
|
(b) This section does not apply to an enforcement action |
|
|
filed because an occupied dwelling allegedly lacks water or sewer |
|
|
service. |
|
|
SECTION 5. Subchapter B, Chapter 232, Local Government |
|
|
Code, is amended by adding Section 232.045 to read as follows: |
|
|
Sec. 232.045. EARNEST MONEY CONTRACTS. (a) A person may |
|
|
advertise the sale of an undeveloped lot that is part of a tract of |
|
|
land that has not been platted, and may enter into an earnest money |
|
|
contract with a potential purchaser of the lot, if the earnest money |
|
|
contract prohibits the possession or occupation of the lot until: |
|
|
(1) the tract on which the lot is located receives |
|
|
final plat approval under Section 232.024; and |
|
|
(2) all water and sewer service facilities for the lot |
|
|
are connected or installed in compliance with the model rules |
|
|
adopted under Section 16.343, Water Code. |
|
|
(b) A person offering a lot for sale under this section |
|
|
shall provide a purchaser with a written notice, which must be |
|
|
attached to the earnest money contract, informing the purchaser |
|
|
that no person may possess or occupy the lot until the conditions |
|
|
described by Subsection (a) are satisfied. |
|
|
SECTION 6. Section 232.072, Local Government Code, is |
|
|
amended by amending Subsection (a) and adding Subsection (a-1) to |
|
|
read as follows: |
|
|
(a) The owner of a tract of land that divides the tract in |
|
|
any manner that creates lots of five acres or less intended for |
|
|
residential purposes must have a plat of the subdivision prepared. |
|
|
A commissioners court by order may require each subdivider of land |
|
|
to prepare a plat if at least one of the lots of a subdivision is |
|
|
more than five acres but not more than 10 acres. |
|
|
(a-1) A subdivision of a tract under this section includes a |
|
|
subdivision of real property by any method of conveyance, including |
|
|
a contract for deed, oral contract, contract of sale, or other type |
|
|
of executory contract, regardless of whether the subdivision is |
|
|
made by using a metes and bounds description. |
|
|
SECTION 7. Subchapter C, Chapter 232, Local Government |
|
|
Code, is amended by adding Section 232.0805 to read as follows: |
|
|
Sec. 232.0805. NOTICE AND OPPORTUNITY TO CURE REQUIRED |
|
|
BEFORE FILING ENFORCEMENT ACTION. (a) In this section, |
|
|
"subdivider" has the meaning assigned by Section 232.021. |
|
|
(b) Before an enforcement action may be filed against a |
|
|
subdivider under this subchapter, the subdivider must be notified |
|
|
in writing about the general nature of the alleged violation and |
|
|
given 90 days from the notification date to cure the violation. |
|
|
After the 90th day after the date of the notification, the |
|
|
enforcement action may proceed. |
|
|
(c) This section does not apply to an enforcement action |
|
|
filed because an occupied dwelling allegedly lacks water or sewer |
|
|
service. |
|
|
SECTION 8. Subchapter J, Chapter 16, Water Code, is amended |
|
|
by adding Section 16.3541 to read as follows: |
|
|
Sec. 16.3541. NOTICE AND OPPORTUNITY TO CURE REQUIRED |
|
|
BEFORE FILING ENFORCEMENT ACTION. (a) In this section, |
|
|
"subdivider" has the meaning assigned by Section 232.021, Local |
|
|
Government Code. |
|
|
(b) Before an enforcement action may be filed against a |
|
|
subdivider under this subchapter, the subdivider must be notified |
|
|
in writing about the general nature of the alleged violation and |
|
|
given 90 days from the notification date to cure the violation. |
|
|
After the 90th day after the date of the notification, the |
|
|
enforcement action may proceed. |
|
|
(c) This section does not apply to an enforcement action |
|
|
filed because an occupied dwelling allegedly lacks water or sewer |
|
|
service. |
|
|
SECTION 9. The changes in law made by this Act to Sections |
|
|
232.022, 232.023, and 232.072, Local Government Code, apply only to |
|
|
a subdivision plat application submitted for approval on or after |
|
|
the effective date of this Act. A subdivision plat application |
|
|
submitted for approval before the effective date of this Act is |
|
|
governed by the law in effect when the application was submitted, |
|
|
and the former law is continued in effect for that purpose. |
|
|
SECTION 10. This Act applies only to an enforcement action |
|
|
filed on or after the effective date of this Act. An enforcement |
|
|
action filed before the effective date of this Act is governed by |
|
|
the law as it existed when the action was filed, and the former law |
|
|
is continued in effect for that purpose. |
|
|
SECTION 11. This Act takes effect September 1, 2011. |